Digging deeper on fertilizer

Vigorous application of opposing points of view about a Capewide fertilizer management District of Critical Planning Concern may stimulate the growth of compromise.

Edward F. Maroney

EDWARD F. MARONEY PHOTO

UNFUNDED MANDATE – That’s what Chris Joyce, owner of Joyce Landscaping in Marstons Mills, thinks of a proposed Fertilizer Management District of Critical Planning Concern that he said would burden rather than help towns.

Draft regs may be unveiled before vote

Vigorous application of opposing points of view about a Capewide fertilizer management District of Critical Planning Concern may stimulate the growth of compromise.

Things remain patchy, but this week’s nourishing debate before a subcommittee of the county Assembly of Delegates seemed to be leading toward cooperation rather than confrontation.

The Cape Cod Commission self-nominated and recommended a fertilizer DCPC in response to a change in state policy that removed the option for towns to institute their own fertilizer regulations. There was an exception for Cape Cod: if the Commission could put together a model bylaw for the region, and town boards of health chose to accept it, oversight would stay local.

All this must be accomplished by Jan. 1. The usual path for a DCPC is to win approval for the designation from the Assembly and then to have rules written for approval by the Commission. It was clear this week that not a few think that’s putting the cart before the horse in this case.

Calls were heard from landscapers and others at the Sept. 11 hearing, including Assembly delegates, to spell out the rules before the full Assembly’s vote on Sept. 18 (or later). In fact, the subcommittee delayed making its recommendation until the 18th at 3:30 p.m., when it hopes to have more information before the 4 p.m. Assembly meeting.

In this unusual circumstance, Commission Executive Director Paul Niedzwiecki told the delegates, “I feel more compelled to produce something for you to look at before the vote.”

Bill Clark, head of the county extension service, said he remained concerned that the Cape “not rush into this.”

Chris Joyce, owner of Joyce Landscaping in Marstons Mills, said the regulations would amount to an “unfunded mandate” for town boards of health to police fertilizing. Those he’s talked to, he said, want to run the other way.

Supporters stressed the importance of the region being able to point to controlling nitrogen through fertilizer rules as part of a convincing argument for state and federal water quality infrastructure funds.

Opponents argued that Cape landscapers, most of whom play by the rules, could be faced with 15 town versions of a Capewide model bylaw, adding to training costs.

Other critics noted a lack of focus on what phosphorous does to ponds, as opposed to nitrogen. The best line came from a speaker who asked how exactly scientists teased out what percentage of nitrogen discharged comes from septic systems, from lawns, from dogs, from geese, etc. No one had a ready answer.